HB-4346, As Passed House, January 25, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 4346

     A bill to amend 1937 PA 94, entitled

"Use tax act,"

by amending section 6 (MCL 205.96), as amended by 2004 PA 172.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 6. (1) Every person storing, using, or consuming tangible

personal property or services, the storage, use, or consumption of

which is subject to the tax imposed by this act when the tax was

not paid to a seller, and every seller collecting the tax from the

purchaser, unless otherwise prescribed by the department under the

provisions of subsection (2), or (3), or (4), on or before the

twentieth day of each calendar month shall file with the department

a return for the preceding calendar month, in a form prescribed by

the department, showing the price of each purchase of tangible

personal property or services during the preceding month, and other

information the department considers necessary for the proper

administration of this act. At the same time, each person shall pay

to the department the amount of tax imposed by this act with

respect to the purchases covered by the return.

     (2) Beginning January 1, 1999, each Unless payment is made

under subsection (3), a seller that had a total tax liability after

subtracting the tax payments made to the secretary of state under

this act or the general sales tax act, 1933 PA 167, MCL 205.51 to

205.78, or after subtracting the tax credits available under

section 6a of the general sales tax act, 1933 PA 167, MCL 205.56a,

in the immediately preceding calendar year of $720,000.00 or more

shall remit to the department, by an electronic funds transfer

method approved by the department on or before the twentieth day of

the month, an amount equal to 50% of the taxpayer's liability under

this act for the same month in the immediately preceding calendar

year, or 50% of the actual liability for the month being reported,

whichever is less, plus a reconciliation payment equal to the

difference between the tax liability determined for the immediately

preceding month minus the amount of tax previously paid for that

month. Additionally, the seller shall remit to the department, by

an electronic funds transfer method approved by the department on

or before the last day of the month, an amount equal to 50% of the

taxpayer's liability under this act for the same month in the

immediately preceding calendar year, or 50% of the actual liability

for the month being reported, whichever is less.

(3) Beginning July 1, 2011, each taxpayer that had a total tax

liability after subtracting the tax payments made to the secretary

of state under this act or the general sales tax act, 1933 PA 167,

MCL 205.51 to 205.78, or after subtracting the tax credits

available under section 6a of the general sales tax act, 1933 PA

167, MCL 205.56a, in the immediately preceding calendar year of

$720,000.00 or more may remit to the department, by an electronic

funds transfer method approved by the department on or before the

twentieth day of the month, an amount equal to 75% of the

taxpayer's liability under this act in the immediately preceding

month, plus a reconciliation payment equal to the difference

between the tax liability determined for the immediately preceding

month minus the amount of tax previously paid for that month.

Payment remitted to the department by electronic funds transfer may

include as a single payment any amount due under section 6 of the

general sales tax act, 1933 PA 167, MCL 205.56.

(4) (3) If considered necessary to insure payment of the tax

or to provide a more efficient administration, the department may

require and prescribe the filing of returns and payment of the tax

for other than monthly periods.

(5) (4) The tax imposed under this act shall accrue to this

state on the last day of each calendar month.

(6) (5) If a due date falls on a Saturday, Sunday, state

holiday, or legal banking holiday, the taxes are due on the next

succeeding business day.